Legislature(1995 - 1996)
1995-04-29 Senate Journal
Full Journal pdf1995-04-29 Senate Journal Page 1329 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Saturday April 29, 1995 One Hundred Fourth Day Pursuant to adjournment the Senate was called to order by President Pearce at 4:21 p.m. The roll showed fifteen members present. Senators Ellis, Hoffman were excused from a call of the Senate. Senators Adams, Frank, Rieger were absent. The prayer was offered by the Chaplain, Senator Torgerson. Senator Salo led the Senate in the pledge of allegiance. The presence of Senators Rieger, Adams was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the one hundred third legislative day be approved as certified by the Secretary. Senator Duncan objected. Senator Duncan called the Senate. The call was satisfied. Senator Duncan withdrew his objection. There being no further objections, the journal was approved as certified. 1329 1995-04-29 Senate Journal Page 1330 MESSAGES FROM THE GOVERNOR Letter of April 28 was read, stating in accordance with AS 39.05.080 and Article III Sections 25 and 26 of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: Commission on Judicial Conduct Patrick T. Brown - Fairbanks Appointed: 04/10/87; Reappointed: 04/27/95; Expires: 04/28/99 JoAnn Holmes - Ivanoff Bay Appointed: 04/27/95; Expires: 12/31/98 Arthur H. Peterson - Juneau Appointed: 04/27/95; Expires: 04/28/99 The appointments were referred to the Judiciary Committee. Board of Nursing Belle L. Cunningham - Anchorage Appointed: 05/11/92; Reappointed: 04/27/95; Expires: 03/31/99 Kathleen R. Kloster - Douglas Appointed: 04/27/95; Expires: 03/31/99 Joe Senungetuk - Anchorage Appointed: 04/27/95; Expires: 03/31/99 The appointments were referred to the Labor and Commerce Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. MESSAGES FROM THE HOUSE Message of April 28 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 24 CS FOR HOUSE JOINT RESOLUTION NO. 24(FSH) BY THE HOUSE SPECIAL COMMITTEE ON FISHERIES, 1995-04-29 Senate Journal Page 1331 HJR 24 Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. was read the first time and referred to the Resources Committee. HJR 38 CS FOR HOUSE JOINT RESOLUTION NO. 38(FSH) BY THE HOUSE SPECIAL COMMITTEE ON FISHERIES, Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. was read the first time and referred to the Resources Committee. HJR 44 HOUSE JOINT RESOLUTION NO. 44 BY REPRESENTATIVES ELTON, Bunde, Robinson, Kubina, Proposing postage stamps honoring wild Alaska salmon and centuries of continued use of wild Alaska salmon for subsistence, sport, and commercial fish harvesters. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 38 CS FOR HOUSE BILL NO. 38(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to criminal sentencing; relating to good time credit; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite sentences, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." 1995-04-29 Senate Journal Page 1332 HB 38 was read the first time and referred to the Judiciary and Finance Committees. HB 182 CS FOR HOUSE BILL NO. 182(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act allowing a dentist to delegate certain duties to a dental assistant." was read the first time and referred to the Health, Education and Social Services and Labor and Commerce Committees. HB 315 CS FOR HOUSE BILL NO. 315(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology." was read the first time and referred to the Finance Committee. HB 320 HOUSE BILL NO. 320 BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Tesoro Alaska Petroleum Company; and providing for an effective date." was read the first time and referred to the Finance Committee. 1995-04-29 Senate Journal Page 1333 STANDING COMMITTEE REPORTS Report dated April 12 was read stating: The Senate Resources Committee reviewed the following with regard to confirmation of the Governor's appointment: Department of Fish and Game Commissioner designee Frank Rue Signing the report: Senator Leman, Chair, Senators Pearce, Frank, Halford, Taylor, Lincoln. SCR 13 The Community and Regional Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 13 Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) Signing do pass: Senator Torgerson, Chair, Senators Kelly, Zharoff, Phillips. Zero fiscal note published today from the Legislative Affairs Agency. The resolution was referred to the Rules Committee. SCR 19 The Judiciary Committee considered SENATE CONCURRENT RESOLUTION NO. 19 Establishing the Blue Ribbon Commission on Gaming and Gambling and relating to commission recommendations regarding gaming and gambling in the state. Signing no recommendation: Senator Taylor, Chair. Signing do pass: Senators Miller, Green. Fiscal note information forthcoming. Senator Pearce added a further referral to the Finance Committee. 1995-04-29 Senate Journal Page 1334 SCR 19 The resolution was referred to the Finance Committee. SJR 22 The Resources Committee considered SENATE JOINT RESOLUTION NO. 22 Requesting research on fisheries and marine mammals in the Bering Sea, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 22(RES) Signing do pass: Senator Leman, Chair, Senators Taylor, Frank, Lincoln. Zero fiscal note published today from Department of Fish and Game. The resolution was referred to the Rules Committee. SB 18 The Finance Committee considered SENATE BILL NO. 18 "An Act relating to an advisory vote during regional educational attendance area school board elections; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 18(FIN) Signing do pass: Senators Halford, Frank, Cochairs, Senators Rieger, Phillips, Donley, Zharoff, Sharp. Previous fiscal note and zero fiscal note. The bill was referred to the Rules Committee. SB 28 Finance Committee report (page 1308) includes fiscal note published today for CS FOR SENATE BILL NO. 28(FIN) "An Act relating to transfer of motor vehicle ownership and motor vehicle emissions inspection; and providing for an effective date" from Department of Public Safety. SB 154 The Judiciary Committee considered SENATE BILL NO. 154 "An Act relating to an aggravating factor at sentencing." Signing do pass: Senator Taylor, Chair, Senators Miller, Green. 1995-04-29 Senate Journal Page 1335 SB 154 Zero fiscal notes published today from Department of Law, Department of Administration (2). The bill was referred to the Rules Committee. SB 164 The Finance Committee considered SENATE BILL NO. 164 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Tesoro Alaska Petroleum Company; and providing for an effective date." Signing do pass: Senators Halford, Frank, Cochairs, Senators Rieger, Phillips, Zharoff, Donley, Sharp. Previous zero fiscal notes. The bill was referred to the Rules Committee. SB 166 The Community and Regional Affairs Committee considered SENATE BILL NO. 166 "An Act relating to the date by which a borough school board is required to submit a school budget to the borough assembly and the date by which the borough assembly is required to appropriate money from local sources for public schools; and providing for an effective date." Signing do pass: Senator Torgerson, Chair, Senators Kelly, Zharoff. Signing no recommendation: Senator Phillips. Zero fiscal notes published today from Department of Education, Department of Community and Regional Affairs. The bill was referred to the Rules Committee. SB 171 The Resources Committee considered SENATE BILL NO. 171 "An Act delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date" and recommended it be replaced with 1995-04-29 Senate Journal Page 1336 SB 171 CS FOR SENATE BILL NO. 171(RES), entitled: "An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date." Signing do pass: Senator Leman, Chair, Senator Frank. Signing no recommendation: Senators Lincoln, Taylor. Zero fiscal note published today from Department of Fish and Game. The bill was referred to the Rules Committee. SB 172 The Judiciary Committee considered SENATE BILL NO. 172 "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senators Miller, Green. Fiscal note information forthcoming. President Pearce added a further referral to the Finance Committee. The bill was referred to the Finance Committee. HB 13 The Judiciary Committee considered CS FOR HOUSE BILL NO. 13(STA) "An Act requiring persons filing for nomination for, or campaigning for election for, state elective office, persons authorized to make or incur political campaign expenditures before formally filing for nomination to state elective office, and groups acting on behalf of any of these, to file certain election campaign finance disclosure reports." Signing do pass: Senator Taylor, Chair, Senators Miller, Green. Previous House zero fiscal note. The bill was referred to the Rules Committee. 1995-04-29 Senate Journal Page 1337 HB 39 The Judiciary Committee considered CS FOR HOUSE BILL NO. 39(JUD) "An Act relating to the authority of mobile intensive care paramedics, physician assistants, and emergency medical technicians to pronounce death under certain circumstances." Signing do pass: Senator Taylor, Chair, Senators Miller, Green. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 42 The Judiciary Committee considered CS FOR HOUSE BILL NO. 42 (STA) am "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term 'state election' for purposes of absentee voting." Signing do pass: Senator Taylor, Chair, Senators Miller, Green. Previous House fiscal note. The bill was referred to the Finance Committee. HB 74 The Judiciary Committee considered CS FOR HOUSE BILL NO. 74(FIN) "An Act relating to the assault of children by adults." Signing no recommendation: Senator Taylor, Chair. Signing do pass: Senators Miller, Green. Previous House zero fiscal notes. The bill was referred to the Finance Committee. SB 81 The Rules Committee considered SENATE BILL NO. 81 "An Act classifying the wolf as a predator and providing for a bounty on wolf." Signing to calendar: Senator Miller, Chair, Senators Sharp, Salo. Signing no recommendation: Senator Duncan. The bill is on today's calendar. 1995-04-29 Senate Journal Page 1338 SB 151 The Rules Committee considered SENATE BILL NO. 151 "An Act placing the administrative director of the court system in the public employees' retirement system." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. HB 28 The Rules Committee considered CS FOR HOUSE BILL NO. 28(FIN) am "An Act relating to the possession of weapons within the buildings of, grounds of, or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or suspension of students possessing deadly weapons on school grounds; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district." Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp. The bill is on today's calendar. HB 125 The Rules Committee considered CS FOR HOUSE BILL NO. 125(JUD) "An Act relating to disclosures to school officials of information about certain minors; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. HB 225 The Rules Committee considered CS FOR HOUSE BILL NO. 225(RES) "An Act authorizing the commissioner of fish and game to issue permits to possess, import, or export elephants; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp. The bill is on today's calendar. 1995-04-29 Senate Journal Page 1339 HB 239 The Rules Committee considered CS FOR HOUSE BILL NO. 239(STA) "An Act declaring the four spot skimmer dragonfly as the official state insect." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 28 SENATE JOINT RESOLUTION NO. 28 BY SENATOR SALO, entitled: Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai Peninsula and the customary and traditional use determination for certain communities on the Kenai Peninsula. was read the first time and referred to the Resources and State Affairs Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 151 SENATE BILL NO. 151 "An Act placing the administrative director of the court system in the public employees' retirement system" was read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: 1995-04-29 Senate Journal Page 1340 SB 151 SB 151 Advance from Second to Third Reading? YEAS: 12 NAYS: 6 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Lincoln, Salo, Zharoff Excused: Ellis, Hoffman and so, the bill failed to advance to third reading. SENATE BILL NO. 151 will appear on the April 30 calendar. SB 81 SENATE BILL NO. 81 "An Act classifying the wolf as a predator and providing for a bounty on wolf" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1248. Without objection, CS FOR SENATE BILL NO. 81(FIN) "An Act amending the Fish and Game Code by removing `wolf' from the definition of `big game'; relating to the classification and taking of wolves; and providing for a harvest incentive on wolves taken in areas designated by the Board of Game" was adopted and read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: 1995-04-29 Senate Journal Page 1341 SB 81 CSSB 81(FIN) Advance from Second to Third Reading? YEAS: 12 NAYS: 6 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Lincoln, Salo, Zharoff Excused: Ellis, Hoffman and so, the bill was not advanced to third reading. CS FOR SENATE BILL NO. 81(FIN) will appear on the April 30 calendar. SECOND READING OF HOUSE BILLS HB 239 CS FOR HOUSE BILL NO. 239(STA) "An Act declaring the four spot skimmer dragonfly as the official state insect" was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 239(STA) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 239(STA) "An Act declaring the four spot skimmer dragonfly as the official state insect" pass the Senate?" The roll was taken with the following result: 1995-04-29 Senate Journal Page 1342 HB 239 CSHB 239(STA) Third Reading - Final Passage YEAS: 14 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Zharoff Nays: Kelly, Phillips, Taylor, Torgerson Excused: Ellis, Hoffman and so, CS FOR HOUSE BILL NO. 239(STA) passed the Senate was signed by the President and Secretary and returned to the House. HB 225 CS FOR HOUSE BILL NO. 225(RES) "An Act authorizing the commissioner of fish and game to issue permits to possess, import, or export elephants; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 225(RES) was read the third time. Senators Rieger, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 225(RES) "An Act authorizing the commissioner of fish and game to issue permits to possess, import, or export elephants; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-04-29 Senate Journal Page 1343 HB 225 CSHB 225(RES) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Ellis, Hoffman and so, CS FOR HOUSE BILL NO. 225(RES) passed the Senate. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 125 CS FOR HOUSE BILL NO. 125(JUD) "An Act relating to disclosures to school officials of information about certain minors; and providing for an effective date" was read the second time. Senators Halford, Torgerson, Kelly, Green, Leman, Miller, Taylor, Rieger, Sharp, Phillips, Frank, Pearce, Donley moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 125(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 125(JUD) "An Act relating to disclosures to school officials of information about certain minors; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-04-29 Senate Journal Page 1344 HB 125 CSHB 125(JUD) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Ellis, Hoffman and so, CS FOR HOUSE BILL NO. 125(JUD) passed the Senate. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 28 CS FOR HOUSE BILL NO. 28(FIN) am "An Act relating to the possession of weapons within the buildings of, grounds of, or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or suspension of students possessing deadly weapons on school grounds; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1225. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 28(JUD) was adopted and read the second time. Senators Halford, Pearce, Salo, Phillips, Donley, Green, Torgerson, Taylor, Kelly, Frank, Sharp, Duncan, Zharoff, Leman, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 1995-04-29 Senate Journal Page 1345 HB 28 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 28(JUD) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 28(JUD) "An Act relating to the possession of weapons within the buildings of, grounds of, or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or suspension of students possessing deadly weapons on school grounds; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district" pass the Senate?" The roll was taken with the following result: SCS CSHB 28(JUD) Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Ellis, Hoffman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 28(JUD) passed the Senate and was referred to the Secretary for engrossment. HOUSE BILLS IN SECOND READING HB 9 SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor" which had been held in second reading with Amendment No. 2 pending (page 1318) was before the Senate. 1995-04-29 Senate Journal Page 1346 HB 9 Senator Salo moved and asked unanimous consent that Amendment No. 2 be withdrawn. Without objection, it was so ordered. Senator Taylor offered Amendment No. 3 : Page 2, lines 30-31: Delete: "; recovery under this subparagraph is limited to $10,000 [$2,000]" Insert: "[; RECOVERY UNDER THIS SUBPARAGRAPH IS LIMITED TO $2,000]" Senator Taylor moved for the adoption of Amendment No. 3. Senators Kelly, Salo objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 9(FIN) Second Reading Amendment No. 3 YEAS: 14 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Frank, Green, Halford, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Kelly, Lincoln, Salo Excused: Ellis, Hoffman Sharp changed from "Nay" to "Yea". and so, Amendment No. 3 was adopted. 1995-04-29 Senate Journal Page 1347 HB 9 Senator Salo offered Amendment No. 4 : Page 1, line 9: Delete: "a" Insert: after from; "either parent or both parents or the legal guardian or" Page 1, line 14: Delete: line 14 Page 2, lines 1-8: Delete: lines 1 through 8 Page 2, line 10: Insert: after A; "parent, legal guardian or" Page 3, line 11: Delete: "a" Insert: after against; "the parent, parents, legal guardian, or" Senator Salo moved for the adoption of Amendment No. 4. Senator Halford objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 9(FIN) am S Second Reading Amendment No. 4 YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Lincoln, Pearce, Salo, Zharoff Nays: Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Ellis, Hoffman and so, Amendment No. 4 failed. 1995-04-29 Senate Journal Page 1348 HB 9 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. Senator Halford moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. Senator Salo offered Amendment No. 5 : Page 2, line 5: Delete: "physical" Page 2, lines 6-8: Delete: "is limited to recovery only from the parent having actual custody of the minor at the time the property destruction by the minor occurred" Insert: "shall be apportioned by the court" Senator Salo moved for the adoption of Amendment No. 5. Objections were heard. Senator Halford moved and asked unanimous consent that Amendment No. 5 be divided into: Part A: Page 2, line 5: Delete: "physical" and Part B: Page 2, lines 6-8: Delete: "is limited to recovery only from the parent having actual custody of the minor at the time the property destruction by the minor occurred" Insert: "shall be apportioned by the court" Without objection, it was so ordered. 1995-04-29 Senate Journal Page 1349 HB 9 Senator Halford moved for the adoption of Amendment No. 5, Part A. The question being: "Shall Amendment No. 5, Part A be adopted?" The roll was taken with the following result: SCS CSHB 9(FIN) am S Second Reading Amendment No. 5, Part A YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Zharoff Nays: Taylor, Torgerson Excused: Ellis, Hoffman and so, Amendment No. 5, Part A was adopted. Senator Salo moved for the adoption of Amendment No. 5, Part B. Senator Halford objected. The question being: "Shall Amendment No. 5, Part B be adopted?" The roll was taken with the following result: SCS CSHB 9(FIN) am S Second Reading Amendment No. 5, Part B YEAS: 9 NAYS: 9 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Lincoln, Pearce, Salo, Taylor, Zharoff Nays: Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Torgerson Excused: Ellis, Hoffman and so, Amendment No. 5, Part B failed. 1995-04-29 Senate Journal Page 1350 HB 9 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor" pass the Senate?" The roll was taken with the following result: SCS CSHB 9(FIN) am S Third Reading - Final Passage YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Lincoln, Salo, Zharoff Excused: Ellis, Hoffman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S passed the Senate. Senator Duncan gave notice of reconsideration. THIRD READING OF SENATE BILLS SB 77 CS FOR SENATE BILL NO. 77(FIN) "An Act relating to management of game populations, to the powers and duties of the commissioner of fish and game, and to the division of game" was read the third time. 1995-04-29 Senate Journal Page 1351 SB 77 Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Kelly objected. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: CSSB 77(FIN) Third Reading - Final Passage Return to Second for Specific Amendment No. 1 YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Lincoln, Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson Excused: Ellis, Hoffman and so, the bill was not returned to second reading. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Sharp objected. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: CSSB 77(FIN) Third Reading - Final Passage Return to Second for Specific Amendment 2 YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Lincoln, Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson 1995-04-29 Senate Journal Page 1352 SB 77 Excused: Ellis, Hoffman and so, the bill was not returned to second reading. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Senator Sharp objected. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: CSSB 77(FIN) Third Reading - Final Passage Return to Second for Specific Amendment 3 YEAS: 9 NAYS: 9 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Lincoln, Phillips, Rieger, Salo, Taylor, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Torgerson Excused: Ellis, Hoffman and so, the bill was not returned to second reading. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Senator Miller objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Lincoln offered Amendment No. 4 : Page 3, line 13: following "means the": Insert: "estimated" Senator Lincoln moved and asked unanimous consent for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. 1995-04-29 Senate Journal Page 1353 SB 77 CS FOR SENATE BILL NO. 77(FIN) am was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 77(FIN) am "An Act relating to management of game populations, to the powers and duties of the commissioner of fish and game, and to the division of game" pass the Senate?" The roll was taken with the following result: CSSB 77(FIN) am Third Reading - Final Passage YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Lincoln, Salo, Zharoff Excused: Ellis, Hoffman and so, CS FOR SENATE BILL NO. 77(FIN) am passed the Senate. Senator Lincoln gave notice of reconsideration. CITATIONS Honoring - Frederick Watson Representative(s) Ivan Senator(s) Hoffman, Lincoln, Zharoff, Pearce, Sharp, Kelly, Duncan Honoring - The Capitol Building and Dimond Court House Knightwatch Security Staff, Lieutenant James Ruotsala, Sergeant Michael T. Perry, Arthur S. Gowdy, James E. Willman, Walter T. Pence, Fritz W. Hunter, Ralph Knudsen, Tad Zurek Senator(s) Salo, Phillips, Hoffman, Adams, Lincoln, Duncan, Taylor, Leman, Zharoff, Rieger, Pearce, Kelly 1995-04-29 Senate Journal Page 1354 Honoring - Bonnie Carroll, Tragedy Assistance for Survivors, Inc. Senator(s) Leman, Green, Lincoln, Duncan, Taylor, Zharoff, Rieger, Pearce, Halford, Kelly Representative(s) Martin Honoring - Carl L. Hille Senator(s) Zharoff, Hoffman, Lincoln, Duncan, Taylor, Leman, Kelly, Torgerson, Salo In Memoriam - Fermin "Rocky" Gutierrez Representative(s) Grussendorf Senator(s) Taylor, Phillips, Adams, Lincoln, Duncan, Taylor, Leman, Zharoff, Rieger, Pearce, Halford, Kelly, Salo In Memoriam - Betty Carter Springhill Senator(s) Zharoff, Lincoln, Duncan, Taylor, Pearce, Kelly, Salo Representative(s) Austerman Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS SCR 18 Senator Sharp, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on SENATE CONCURRENT RESOLUTION NO. 18 Honoring the military veterans of World War II and commemorating the 50th anniversary of the end of World War II. Without objection, SENATE CONCURRENT RESOLUTION NO. 18 was referred to the Rules Committee. HB 274 President Pearce added a Judiciary Committee referral to CS FOR HOUSE BILL NO. 274(JUD) "An Act relating to the state's tuberculosis control program; and providing for an effective date." The bill was referred to the Judiciary Committee then Finance Committee. 1995-04-29 Senate Journal Page 1355 SB 121 Senator Halford moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date" be held to April 30. Senator Duncan objected. The question being: "Shall the reconsideration on SENATE BILL NO. 121 be held to April 30?" The roll was taken with the following result: SB 121 Reconsideration Extended YEAS: 12 NAYS: 6 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Lincoln, Salo, Zharoff Excused: Ellis, Hoffman and so, the reconsideration on SENATE BILL NO. 121 was held to April 30. RECONSIDERATION OF HOUSE BILLS HB 86 Senator Adams requested that the reconsideration on CS FOR HOUSE BILL NO. 86(CRA)(title am) "An Act relating to municipal flat taxes on personal property and permitting municipalities to classify and exempt or partially exempt some or all types of personal property from ad valorem taxes" be taken up at this time. CS FOR HOUSE BILL NO. 86(CRA)(title am) was before the Senate on reconsideration. 1995-04-29 Senate Journal Page 1356 HB 86 The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 86(CRA)(title am) "An Act relating to municipal flat taxes on personal property and permitting municipalities to classify and exempt or partially exempt some or all types of personal property from ad valorem taxes" pass the Senate?" The roll was taken with the following result: CSHB 86(CRA)(title am) Third Reading - On Reconsideration YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Ellis, Hoffman and so, CS FOR HOUSE BILL NO. 86(CRA)(title am) passed the Senate on reconsideration. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT HB 28 SENATE CS FOR CS FOR HOUSE BILL NO. 28(JUD) "An Act relating to the possession of weapons within the buildings of, grounds of, or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or suspension of students possessing deadly weapons on school grounds; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1995-04-29 Senate Journal Page 1357 ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 5:00 p.m., April 30, 1995. Without objection, the Senate adjourned at 6:29 p.m. Nancy Quinto Secretary of the Senate April 1995 1995-04-29 Senate Journal Page 1358 ANNOUNCEMENTS NOTICE - AMERICANS WITH DISABILITIES ACT Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAY 01 MONDAY 1:30 PM BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM RULE 23(D) MAY 03 WEDNESDAY 1:30 PM BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM RULE 23(D) MAY 05 FRIDAY 1:30 PM BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM RULE 23(D) ---------------------------------------- FINANCE SENATE FINANCE 532 APR 29 SATURDAY 9:30 AM -- PREVIOUSLY SCHEDULED BILLS -- SB 161 FINANCING TECHNOLOGICAL PROJECTS SB 164 APPROVE TESORO ROYALTY OIL AGREEMENT SB 18 REAA ADVISORY VOTES APR 29 SATURDAY 6:30 PM SB 130 MARINE PILOTS SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET APR 30 SUNDAY 1:00 PM SCR 19 BLUE RIBBON COMMISSION ON GAMING SB 172 ELIMINATE MONTE CARLO NIGHTS ---------------------------------------- 1995-04-29 Senate Journal Page 1359 JUDICIARY BELTZ ROOM 211 APR 29 SATURDAY 2:30 PM SCR 19 BLUE RIBBON COMMISSION ON GAMING SB 172 ELIMINATE MONTE CARLO NIGHTS BELOW BILLS HELD FROM 04/28/95: HB 39 AUTHORITY TO PRONOUNCE DEATH HB 74 ASSAULT BY ADULTS ON CHILDREN HB 219 PAROLE OF TERMINALLY ILL PRISONERS SB 154 AGGRAVATING FACTORS AT SENTENCING HB 234 ADMINISTRATIVE ADJUDICATIONS SB 167 DAY FINES & INFO FOR COLLECTING FINES HB 13 CAMPAIGN FILINGS & DISCLOSURES HB 42 ABSENTEE VOTING & USE OF FAX SB 95 INSURANCE AGAINST UNINSURED DRIVERS MAY 01 MONDAY 1:30 PM HB 38 SENTENCING;3RD SERIOUS FELONY OFFENDER COMMISSION ON JUDICIAL CONDUCT CONFIRMATION HEARINGS: PATRICK BROWN, JOANN HOLMES, ARTHUR PETERSON BILLS PREVIOUSLY HEARD ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAY 02 TUESDAY 1:30 PM -- TELECONFERENCE -- HB 180 LIQUOR LICENSES FOR RESORT/LODGES SB 158 PHARMACISTS AND PHARMACIES SB 160 EXCLUSIONS FROM UNEMPLOYMENT COVERAGE MAY 04 THURSDAY 1:30 PM OVERVIEW ON BELOW BILL: SB 157 SMALL LOANS & RETAIL INSTALLMENT SALES ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 29 SATURDAY 6:30 PM HJR 41 JONES ACT EXEMPTION FOR BULK COMMODITIES SB 28 MOTOR VEHICLE REG FEE/EMISS'N INSPECTIONS SB 154 AGGRAVATING FACTORS AT SENTENCING SB 148 STATE EMP DEFINED CONTRIB RETIREMENT PROG <PENDING REFERRAL> SB 115 UNIFORM INTERSTATE FAMILY SUPPORT ACT <PENDING REFERRAL> SB 116 PATERNITY; CHILD SUPPORT ENFORCEMENT <PENDING REFERRAL> 1995-04-29 Senate Journal Page 1360 RULES CONTINUED FAHRENKAMP ROOM 203 APR 29 SATURDAY CONTINUED 6:30 PM SB 130 MARINE PILOTS <PENDING REFERRAL> SB 171 EXTEND CURRENT SUBSISTENCE LAW SB 172 ELIMINATE MONTE CARLO NIGHTS <PENDING REFERRAL> SCR 19 BLUE RIBBON COMMISSION ON GAMING <PENDING REFERRAL> ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 02 TUESDAY 3:30 PM HJR 9 SUIT RE POWS & MIAS AGAINST U.S. & OTHERS <TELECONFERENCE ON ABOVE RESOLUTION> HJR 39 NORTHERN SEA ROUTE DEVELOPMENT HB 10 PAYMENT OF COSTS OF DWI ACCIDENTS SB 163 APPROVE U OF A DEBT FOR STUDENT HOUSING SR 3 CONVERSION OF ADAK NAVAL AIR FACILITY SCR 18 ANNIVERSARY OF END OF WORLD WAR II BILLS PREVIOUSLY HEARD MAY 04 THURSDAY 3:30 PM BILLS PREVIOUSLY HEARD OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 APR 30 SUNDAY 4:00 PM -- NOTE TIME CHANGE -- ---------------------------------------- ANCHORAGE CAUCUS BUTROVICH ROOM 205 APR 29 SATURDAY 3:00 PM -- TIME CHANGE -- REAPPROPRIATIONS ON VARIOUS ANCHORAGE PROJECTS